Assumption of Risk
The undersigned is aware that participation in swim lessons or physical exercise may result in accident or injury, and the undersigned assumes the risk connected with the participation in swim lessons, swim teams, or adult fitness programming, whether supervised or unsupervised.
Waiver
I also authorize Sea Star Swim School to have and use any photographs, slides or videotapes, or any other form of media, of the student/participant named on this registration as may be needed for promotional purposes.
Release of Liability
By agreeing, the individual represents that the participant is in good health and suffers from no physical impairment that would limit his/her use of the facility. The undersigned acknowledges Sea Star Swim School, LLC has not and will not render any medical services, including medical diagnosis of the undersigned's physical condition. Participant specifically agrees that Sea Star Swim School, LLC, its owners, employees, and agents shall not be liable for any claim, demand, cause of action of any kind whatsoever for, or on account of, death, personal injury, property damage or loss of any kind resulting from or related to his/her use of the facilities or participation in any swim lesson or physical exercise or activity, within or without the facility premises, and the undersigned agrees to hold Sea Star Swim School, LLC harmless from same.
Makeup Policy
I acknowledge that I understand that Sea Star Swim School DOES NOT OFFER makeup sessions for missed classes for any reason. We are here to serve you each class session, so please make your best effort to attend.
Payment Policies/No Refund
I understand that Sea Star Swim School requires payment in full at the time a reservation for a class is made. No classes will be held without payment. Sea Star Swim School does not offer a refund if your swimmer is withdrawn from class at any point after enrollment. NO cash refunds are offered for ANY reason, only credit toward tuition, and that credit must be used in the same calendar year that the credit is issued. Any credit issued for any reason is strictly at the discretion of Sea Star management and is not guaranteed. A $20 fee will be assessed if you enroll in a class and withdraw before the quarter begins. Please note that the $35 family fee is NON-REFUNDABLE.
Medical Emergencies
I agree that in the event of an accident or illness, Sea Star Swim School/ Gym and Swim Camp is authorized to secure emergency medical treatment for my child. Prudent attempts will be made to contact the swimmer's/camper's parents immediately. I understand the related expenses for any medical attention will be my responsibility. This health history is correct and complete as far as I know, and the person herein described has my permission to engage in all camp activities except as noted. I hereby give permission to the medical personnel selected by Sea Star Swim School/Gym and Swim Camp to order X-rays, routine tests, treatment; to release any records necessary for insurance purposes; and to provide or arrange necessary related transportation for my child. In the event I cannot be reached in an emergency, I hereby give permission to the physician selected by Sea Star Swim School/Gym and Swim Camp to secure and administer treatment, including hospitalization, of my child.
Covid-19 Release
UNCONDITIONAL AND FULL GENERAL RELEASE OF LIABILITY, WAIVER, DISCHARGE, AND COVENANT NOT SUE This is a legally-binding UNCONDITIONAL AND FULL TO GENERAL RELEASE OF LIABILITY, WAIVER, DISCHARGE AND COVENANT NOT TO SUE made by Undersigned (hereinafter referred to as CUSTOMER) with Sea Star Swim School, (hereinafter collectively referred to as SEA STAR). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, including but not limited to the mutual promises, understandings, and covenants herein, Customer does hereby acknowledge: I FULLY RECOGNIZE THAT THERE ARE DANGERS AND RISKS TO WHICH I AND OTHERS MAY BE EXPOSED BY ENTERING on the SEA STAR premises at 127 Sanders Ferry Road, Hendersonville, Tennessee. THE FOLLOWING IS A NON-EXCLUSIVE LIST OF SIGNIFICANT DANGERS AND RISKS ASSOCIATED WITH THIS ACTIVITY: INJURY TO MYSELF OR OTHERS, CONTRACTING of COVID-19, DAMAGE TO MY PROPERTY OR THAT OF OTHERS, DEATH OF MYSELF OR OTHERS. IN NO EVENT SHALL SEA STAR BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH OR ARISING OUT OF CUSTOMER'S ENTERING on the SEA STAR premises at 127 Sanders Ferry Road, Hendersonville, Tennessee. THE CUSTOMER, AS OF THE DATE BELOW, SHALL HEREINAFTER SAVE, HOLD HARMLESS, AND INDEMNIFY SEA STAR AGAINST ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, AND COSTS OF WHATSOEVER KIND AND NATURE INCLUDING WITHOUT BEING LIMITED, CLAIMS, CAUSES OF ACTION, AND COSTS OF WHATSOEVER KIND AND NATURE INCLUDING BUT NOT LIMITED TO DEATH, RESULTING FROM, ARISING OUT OF, OR OCCURRING IN CONNECTION WITH MY ENTERING on the SEA STAR premises at 127 Sanders Ferry Road, Hendersonville, Tennessee. I understand that SEA STAR is permitting individuals to enter the premises despite the ongoing spread of COVID-19, commonly known as "the Coronavirus." Despite efforts to prevent the spread of this virus, Customer might contract this virus at SEA STAR. Said permission for Customer by SEA STAR to enter the premises is not to be relied upon as determination that it is safe or advisable even if done in accordance with Center for Disease Control guidelines, State of Tennessee guidelines, federal guidelines, local guidelines, and/or any other statutes, regulations, guidelines. All persons who enter the premises of SEA STAR do so at their own risk and peril. SEA STAR has no liability under any theory of liability for permitting Customer to enter the premises at SEA STAR. I, therefore, agree to assume and take on myself all the risks and responsibilities in any way associated with my entry onto the premises of SEA STAR. In consideration of and return for the opportunity to enter the premises of SEA STAR, I release the SEA STAR (and all SEA STAR owners, employees, and agents) from any and all liability, claims, and actions that may arise from injury or harm to me or others, including death, or from damage to my property or to property of any other in connection with my presence at SEA STAR. I understand that this release also covers liability, claims, and actions caused entirely or in part by SEA STAR act or failure to act, including but not limited to negligence, mistake, or failure to enforce, supervise, or maintain. I assure SEA STAR that there are no health-related reasons or problems which preclude or restrict or otherwise advise against by presence at SEA STAR. I further assure the SEA STAR that I have adequate health, property, and liability insurance necessary to provide for and pay any medical costs or property damage that may directly or indirectly result from my presence at SEA STAR and I will indemnify and hold SEA STAR harmless for any such medical costs or property damage. The facts, circumstances, situation, and advised response to COVID-19 is constantly changing, and SEA STAR
has no reliable way to keep fully abreast of this information. The fact that SEA STAR is permitting Customer to enter the premises does not in any way, shape, form, or manner indicate that it is safe to do so. I understand that this release means I am giving up, among other things, all rights I may otherwise have to sue SEA STAR, SEA STAR owners, employees, and or agents for injuries (including death), damages, or losses I may incur or cause. I agree to hold SEA STAR, SEA STAR owners, employees, and or agents, harmless from all claims made by third parties that are in any way associated with my entry onto the premises of SEA STAR. I shall be liable for all attorney fees, Court costs, and all other costs incurred by SEA STAR in enforcing or defending any such claim or any portion of this Release. I also understand that this release is binding on all of my minor children and minors for whom I am legal guardian, as well as the heirs, executors, administrators, and assigns of my minor children and minors for whom I am legal guardian. I further understand that if I am executing this release on behalf of a minor child, then I shall hold SEA STAR harmless against the claims of any other parent or legal guardian of said child who has not signed this release. I also understand that this release binds my heirs, executors, administrators, and assigns, as well as myself.
I HAVE READ THIS ENTIRE RELEASE, I FULLY UNDERSTAND IT, AND AGREE TO BE LEGALLY BOUND BY IT. In addition to Customer, Customer is executing this Release on behalf of Customer's minor child.
Policies
1. Dressing Room Protocol: In an effort to respect the privacy of all of our clients, no child over the age of 5 or adult is allowed in the opposite gender's dressing room facility at any time for any reason. Specifically, women and girls over age 5 are not allowed in the men's dressing area, and men and boys over age 5 are not allowed in the women's dressing area. If you find violations of this policy, please report such instances to the Pool Office located in our Pro Shop.
2. Withdrawal from class: Sea Star Swim School has a strict "no refund" policy if your swimmer is withdrawn from class at any point after your initial enrollment. A $20 fee will be assessed if you enroll in a class and withdraw before the quarter begins. We do not offer cash refunds for any reason. Credit toward tuition may be offered in some circumstances at the discretion of management, and that credit must be used in the same calendar year that the credit is issued or it will be forfeited. In some circumstances, Sea Star will agree to offer a credit for future classes in the event of serious illness or injury. A doctor's written excuse is required for such credit upon withdrawal from a class, and in that case, we will credit you for the number of classes missed upon your next enrollment after your child is released from medical treatment.
While we will do our best to accommodate your schedule, withdrawal from a class even under medical circumstances DOES NOT GUARANTEE the same class day and time that the swimmer previously occupied. The $30 family fee is non-refundable.
3. Return Check Policy: If you pay by check and that check is returned for insufficient funds, Sea Star Swim School will assess a $35 returned check fee in addition to the cost of tuition. If this check fee is NOT paid in full, plus the cost of tuition, your child will not be able to participate in class until the fee and tuition is paid in full. This $35 returned check fee also applies to purchases made at the Pro Shop. Sea Star Swim School reserves the right to reject any form of payment.
4. Changing class day and time after fees are paid: Sea Star Swim School assesses a $20 fee for changing class days or times once the quarter begins. This fee applies to each child, and such changes are at the discretion of Sea Star management. While we try our best to accommodate changes in your schedule, please be certain that the class day and time you reserve will work at the time you enroll. We make it a point to announce our class schedule well in advance so you can be prepared to enroll in other activities. No credits will be given if we are unable to accommodate your schedule change request.
5. Makeup Classes: Sea Star Swim School does NOT offer makeup classes for missed classes for any reason. We are here to serve you each class session, so please make your best effort to attend.
6. Inclement Weather: The only exception to the makeup policy is in the event of inclement weather or if Sea Star Management cancels classes. Regarding inclement weather, if Sumner County Schools are closed because of snow or other weather conditions, do not assume that Sea Star will close. Because many weather conditions that close Sumner County schools only affect the northern areas of the county, Sea Star will be closed only if roads in the Hendersonville area are impassible. Even if we close during the morning session, if roads clear, we will do our best to hold our afternoon and evening classes. We will NOT have makeup sessions if we hold classes.
To be sure of the status of your class, you should check our website, www.swimatseastar.com, our Facebook page, www.facebook.com/SeaStarSwimSchool, or call 822-8800 to verify whether the class will be held as usual or canceled. We will also attempt to email the affected classes if time permits. Closure information will always be on the answering machine, so please wait until you hear the message before you hang up. In any event, you, as the parent and driver, should always use your discretion on whether you should attempt to drive.
The makeup session for classes canceled because of snow and school closing will usually be held as soon as they can be scheduled, and this will be the ONLY makeup day for the missed class. Affected students will be notified of variances on makeup days.
If there are thunderstorms in the area, Sea Star will close only if there is lightning in the immediate area near the pool. WE WILL NOT close because of a prediction of severe weather. Often this decision is made on a minute by minute basis. In any of these instances, you will be informed of the day of the makeup, and this will be the only opportunity for your swimmer to participate in the makeup session. To verify a storm closure, you may check our website, www.swimatseastar.com, our Facebook page, www.facebook.com/SeaStarSwimSchool, and we will attempt to notify affected classes of closure if time permits.
7. Holidays and other situations where Sea Star Management cancels classes: In the case of holidays, there will be information in the lobby and on the web site concerning for which holidays Sea Star will close. This information is communicated to you, and usually we will credit your tuition for the day(s) we are closed for holidays. DO NOT ASSUME that just because it is a school holiday that classes will not be held. The makeup day designated by Sea Star Management will be the ONLY opportunity to make up the class.
If Sea Star Management cancels a class for any reason, the makeup day will be communicated to the affected swimmers. This date will also be posted in the lobby. The designated makeup day will be the only opportunity for makeup.
8. Priority Enrollment: Sea Star Swim School communicates enrollment times by email and through signage in the pool lobby. Our first week of enrollment for the quarter is reserved for currently enrolled students to keep their current class and time. You MUST enroll and pay in full during your swimmer's class that day, or you lose your priority on that particular class. Any changes to class day and time must be made during Open Enrollment . If your swimmer is transitioning to another class (Parent/Child to Toddler, Lap Swim to Little Flippers, Little Flippers to Barracuda, etc.), you will not be able to make this change until Open Enrollment, and there is no guarantee that you will be able to reserve a particular class day or time. Please watch for the emails and signs in the lobby!!!
Your child's teacher will tell you when your child is ready to move to another level, such as Lap Swim or Little Flippers.
9. Absolutely no food is allowed in the pool, pool deck, or dressing room areas: We understand that your swimmers might be hungry or thirsty after class; however, there is absolutely NO food allowed in the pool, pool deck or dressing room areas. Food consumption in a wet area, even for infants and toddlers, is very unsanitary and difficult to manage. Please be considerate of others and wait until you reach the lobby area before you accommodate their needs.
10. Please be on time for class. Dropping a child into a class after it has begun not only disrupts the pattern and pace of the class for the other swimmers, it may also upset your child. Keep in mind that when you are late to a class, there is no "makeup" time allotted and your child must leave the pool at the regularly scheduled time.
11. We are not responsible for lost/stolen items. Sea Star Swim School is not responsible for items left in our locker rooms, on the deck of the pool, in the lobby or anywhere else on the premises. There is no "Lost and Found", so check to be sure you have everything you brought with you before you leave. If you notice that you left something behind, please return and pick it up before the pool closes.